Virginia landlord-tenant rights are set primarily by the Virginia Residential Landlord and Tenant Act (VRLTA), codified at Virginia Code § 55.1-1200 through § 55.1-1262. The Act governs almost every residential rental in the Commonwealth and covers what your landlord must disclose, how much you can be charged as a deposit, when and how a landlord can enter, what to do when repairs are ignored, and how an eviction has to proceed. A lease cannot override these rules. Any clause that conflicts with the Act is unenforceable.
Does the VRLTA Apply to Your Rental
The Act reaches apartments, houses, rented condominiums, and manufactured homes. Since July 1, 2019, it covers virtually all residential landlords in Virginia. A short list of arrangements sits outside it: hospitals, nursing facilities, and dormitories; housing tied to a job; hotels and other transient lodging where the occupant isn’t using the unit as a primary residence or stays fewer than 90 consecutive days; homes occupied under a contract of sale; fraternal or social organization housing; sober living homes as defined by statute; and rentals with no rent paid.1Virginia Code Commission. Virginia Code 55.1-1201 – Applicability of Chapter; Local Authority If none of those fit your situation, assume the VRLTA governs your tenancy.
What Your Landlord Must Give You at Move-In
The Statement of Tenant Rights and Responsibilities
Every Virginia landlord must provide the standardized Statement of Tenant Rights and Responsibilities published by the Department of Housing and Community Development, and both sides sign a form confirming you received it. The landlord then has 10 business days after the lease takes effect to deliver you a copy of the signed rental agreement and the statement.2Virginia Code Commission. Virginia Code 55.1-1204 – Terms and Conditions of Rental Agreement; Payment of Rent
This one has teeth. A landlord who fails to deliver the statement cannot file or maintain any court action against you, including an unlawful detainer for eviction, until it is provided.2Virginia Code Commission. Virginia Code 55.1-1204 – Terms and Conditions of Rental Agreement; Payment of Rent Your lease still stands, but the landlord’s enforcement tools are frozen.
Who Owns and Manages the Property
Before the tenancy begins, the landlord must give you, in writing, the name and address of the person authorized to manage the property and of an owner or someone authorized to act for the owner. If a landlord does not, that landlord becomes the legal agent of every person who is a landlord for purposes of notices and service of process.3Virginia Code Commission. Virginia Code 55.1-1216 – Disclosure of Sale of Premises
Move-In Inspection Report
Within five days after you move in, the landlord must provide a written report listing any existing damage. You then have five days to object in writing; otherwise the report is treated as accurate.4Virginia Code Commission. Virginia Code 55.1-1214 – Inspection of Dwelling Unit; Report This is your main defense against being charged later for damage that was already there, so read it carefully and put any disagreement in writing inside the five-day window.
Mold
As part of the move-in inspection, the landlord must disclose whether there is visible evidence of mold. If the disclosure says no mold, you have five days to object in writing. If mold is disclosed, you can either terminate the tenancy or stay while the landlord remediates within five business days and reinspects.5Virginia Code Commission. Virginia Code 55.1-1215 – Disclosure of Mold in Dwelling Units
Lead-Based Paint
For any home built before 1978, federal law requires the landlord to disclose known information about lead-based paint and hazards before the lease is signed, share any available records, provide the EPA’s “Protect Your Family From Lead in Your Home” pamphlet, and include a lead warning statement in the lease.6US EPA. Lead-Based Paint Disclosure Rule (Section 1018 of Title X)
Utility Billing
If the landlord splits water, sewer, electric, oil, or gas costs among tenants through a ratio billing system, the method and any related fees must be written into the lease. Allowed allocation methods include square footage, occupancy, number of bedrooms, or another method the parties agree to. Extra service charges such as monthly billing or account setup fees are permitted only if the lease expressly says so.7Virginia Code Commission. Virginia Code 55.1-1212 – Energy Submetering, Energy Allocation Equipment, Sewer and Water Submetering Equipment, and Ratio Utility Billing Systems
Rent, Late Fees, and Security Deposits
Virginia doesn’t require a grace period before a late fee begins, so timing depends on your lease. The law does cap the fee: it cannot exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due, and it must be stated in the written lease. If the lease doesn’t spell out a late fee, the landlord cannot charge one. The cap applies even at the end of a tenancy and even where a tenant has repeatedly paid late.
A security deposit cannot exceed two months’ rent, regardless of what it is called on paper. After the tenancy ends or you move out, whichever is later, the landlord has 45 days to return the deposit with a written, itemized statement of any deductions. Deductions are limited to actual damages beyond normal wear and tear, unpaid rent, and other charges the lease or statute permits.8Virginia Code Commission. Virginia Code 55.1-1226 – Security Deposits “Cleaning” or “repairs” without specifics does not meet the standard; the landlord has to identify what was damaged and what each repair cost.
Repairs, Habitability, and Landlord Entry
Virginia imposes a warranty of habitability on every residential landlord. The landlord must make repairs necessary to keep the premises fit and habitable, maintain structural components, plumbing, heating, and electrical systems and any provided appliances in good working order, and keep common areas clean and safe.9Virginia Code Commission. Virginia Code 55.1-1220 – Landlord to Maintain Fit Premises You are responsible for keeping your own unit clean and safe, using fixtures and appliances as intended, avoiding damage, not disturbing neighbors, and reporting problems promptly in writing.
For routine maintenance you didn’t request, the landlord must give at least 72 hours’ written notice before entering, must enter at a reasonable time, and cannot use access to harass you. In an emergency (a condition that needs to be remedied within 24 hours, such as a burst pipe, gas leak, or fire damage), the landlord can enter without advance notice or consent.10Virginia Code Commission. Virginia Code 55.1-1229 – Access; Consent; Correction of Nonemergency Conditions; Relocation of Tenant; Security Systems
When the Landlord Won’t Fix It: Your Three Options
Repair and deduct. If a condition is a serious health or safety threat or a material breach of the lease (no heat, no hot water, rodents, a major plumbing failure), send written notice. If the landlord takes no reasonable steps within 14 days, you can hire a licensed contractor, or a licensed pest control business for infestations, and deduct the cost from the next month’s rent. The deduction cannot exceed the greater of one month’s rent or $1,500, and you must provide an itemized statement and receipts afterward. The remedy is not available if you caused the problem, denied access, or the landlord already completed the repair before your contractor started.11Virginia Code Commission. Virginia Code 55.1-1244.1 – Tenant’s Remedy by Repair
Rent escrow. For a material violation by the landlord or a serious threat to health and safety, you can file a rent escrow action in general district court. Rather than paying the landlord, you deposit rent with the court within five days of the due date. The court can order repairs, distribute funds for repairs, or ultimately award the money to you. Two things must be true: the landlord failed to fix the problem after written notice (a delay beyond 30 days is presumed unreasonable), and rent was deposited on time. If the condition isn’t fully fixed within six months of the escrow being established and the landlord hasn’t made reasonable attempts, the court must award all accumulated funds to you.12Virginia Code Commission. Virginia Code 55.1-1244 – Tenant’s Assertion; Rent Escrow
Terminate the lease. You can send written notice stating your intent to terminate. The landlord has 21 days to fix the condition. If it remains unresolved, the lease terminates 30 days after your notice was delivered. This is not available if you or your household caused the condition.
One warning that saves tenants from serious trouble: do not simply stop paying rent because conditions are bad. Nonpayment is an independent ground for eviction, and habitability problems are not a defense in an unlawful detainer for unpaid rent unless you have properly used one of the remedies above.
Ending the Lease
Either party can end a month-to-month tenancy with written notice at least 30 days before the next rent due date, unless the lease specifies a different notice period.
Service members get specific early-termination rights. A member of the U.S. Armed Forces, a full-time National Guard member, or a Civil Service technician with the National Guard can end a lease early on receiving permanent change of station orders to a location more than 35 miles away, temporary duty orders longer than three months to a location more than 35 miles away, discharge or release from active duty, or orders to report to government-supplied quarters that cause the loss of housing allowance. Written notice must be given with a copy of the orders or a signed letter from a commanding officer. The termination date must fall at least 30 days after the next rent payment is due and no more than 60 days before departure. No early termination fee or liquidated damages can be charged. Federal protections under the Servicemembers Civil Relief Act may also apply.
Victims of family abuse, sexual assault, stalking, or trafficking can terminate a lease early after obtaining a protective order, or once a court has entered a conviction or a magistrate has issued a warrant or summons charging the perpetrator. You serve written notice on the landlord with a copy of the court order, and termination becomes effective 28 days after that notice is delivered.13Virginia Code Commission. Virginia Code 55.1-1236 – Early Termination of Rental Agreements by Victims of Family Abuse, Sexual Abuse, or Other Criminal Sexual Assault, or Stalking
How Eviction Actually Works in Virginia
Every eviction has to go through court. A landlord who tries to force you out by changing locks, cutting utilities, or removing doors is acting illegally, and you can petition the general district court for an order restoring access and services.14Virginia Code Commission. Virginia Code 55.1-1243.1 – Tenant’s Remedies for Exclusion From Dwelling Unit
After the required termination notice expires, the landlord files a sworn statement with a magistrate or the clerk of the general district court. The court issues a summons for unlawful detainer and sets a hearing, which must occur within 21 days of filing for VRLTA cases.15Virginia Code Commission. Virginia Code Title 8.01 – Civil Remedies and Procedure – Section: 8.01-126 Summons for Unlawful Detainer The court cannot enter a judgment for possession unless the landlord puts the termination notice into evidence.
A judgment for possession does not itself let the landlord physically remove you. After a 10-day appeal period, the landlord must request a writ of eviction from the clerk, which goes to the sheriff. The sheriff must give you at least 72 hours’ advance notice before the eviction is carried out.
Right of Redemption
For nonpayment cases, Virginia gives you a way to stop the eviction by paying what you owe. Before the court date, you can pay all rent due, any late fees stated in the lease, court costs, and reasonable attorney fees to halt the proceedings.16Virginia Code Commission. Virginia Code Title 55.1 Chapter 12 Article 5 – Landlord Remedies – Section: 55.1-1250 Landlord’s Acceptance of Rent With Reservation; Tenant’s Right of Redemption
Even after judgment and the issuance of a writ of eviction, one more chance remains: paying all amounts owed, including sheriff’s fees, at least 48 hours before the scheduled eviction. Payment at that stage must be by cashier’s check, certified check, or money order. Redemption is not available if the eviction is based on anything other than nonpayment. If your landlord rents five or more units, you can redeem without limit; if the landlord has fewer than five units, you can use redemption only once in any 12-month period.
Retaliation Is Prohibited
A landlord cannot punish you for exercising legal rights. Retaliatory rent increases, service reductions, and eviction threats are prohibited after you have complained to a government agency about housing code violations, filed a legal action against the landlord, joined a tenants’ organization, or testified against the landlord in court. The protection applies whenever the landlord knows or has reason to know you took one of those actions.
The protection is not absolute. A landlord can still pursue eviction where you caused the code violation through your own negligence, are behind on rent, or have violated a lease term that materially affects health and safety. The timing and circumstances of any landlord action after a tenant complaint will be examined closely, and landlords who appear to be retaliating face legal consequences.